Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21879 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

number listed above. Written statements 

may be filed with the Board either 

before or after the meeting. Individuals 

who wish to make oral statements 

pertaining to agenda items should 

contact Joel Bradburne at the address or 

telephone number listed above. 

Requests must be received five days 

prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Joel Bradburne at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http://www.portsssab.energy.gov/. 

Issued at Washington, DC, on April 13, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–9472 Filed 4–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–018] 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting a Waiver to LG From 

the Department of Energy Residential 

Clothes Washer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order. 

SUMMARY: The U.S. Department of 

Energy (DOE) gives notice of the 

decision and order (Case No. CW–018) 

that grants to LG Electronics U.S.A., Inc. 

(LG) a waiver from the DOE clothes 

washer test procedure for determining 

the energy consumption of clothes 

washers for the basic models set forth in 

its petition for waiver. Under today’s 

decision and order, LG shall be required 

to test and rate these clothes washers 

with larger clothes containers using an 

alternate test procedure that takes the 

larger capacities into account when 

measuring energy consumption. 

DATES: This Decision and Order is 

effective April 19, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611, E-mail: 

mailto:Michael.Raymond@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0103. Telephone: (202) 586–7796, Email: mailto:mailto:Elizabeth.Kohl@hq.

doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 430.27(l)), 

DOE gives notice of the issuance of its 

decision and order as set forth below. 

The decision and order grants LG a 

waiver from the applicable clothes 

washer test procedure in 10 CFR part 

430, subpart B, appendix J1 for certain 

basic models of clothes washers with 

capacities greater than 3.8 cubic feet, 

provided that LG tests and rates such 

products using the alternate test 

procedure described in this notice. 

Today’s decision prohibits LG from 

making representations concerning the 

energy efficiency of these products 

unless the product has been tested 

consistent with the provisions and 

restrictions in the alternate test 

procedure set forth in the decision and 

order below, and the representations 

fairly disclose the test results. 

Distributors, retailers, and private 

labelers are held to the same standard 

when making representations regarding 

the energy efficiency of these products. 

42 U.S.C. 6293(c). 

Issued in Washington, DC, on April 12, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

Decision and Order 

In the Matter of: LG Electronics 

U.S.A., Inc. (Case No. CW–018) 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential clothes washers 

that are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure energy efficiency, 

energy use, or estimated operating costs, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for automatic and semiautomatic clothes washers is set forth in 

10 CFR part 430, subpart B, appendix J1. 

DOE’s regulations for covered 

products contain provisions allowing a 

person to seek a waiver for a particular 

basic model from the test procedure 

requirements for covered consumer 

products when (1) the petitioner’s basic 

model for which the petition for waiver 

was submitted contains one or more 

design characteristics that prevent 

testing according to the prescribed test 

procedure, or (2) when prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(a)(1). Petitioners must include in 

their petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption characteristics. 10 CFR 

430.27(b)(1)(iii). 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy (the 

Assistant Secretary) may grant a waiver 

subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

Any interested person who has 

submitted a petition for waiver may also 

file an application for interim waiver of 

the applicable test procedure 

requirements. 10 CFR 430.27(a)(2). The 

Assistant Secretary will grant an interim 

waiver request if it is determined that 

the applicant will experience economic 

hardship if the interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination on the petition 

for waiver. 10 CFR 430.27(g). 

On December 23, 2010, DOE issued 

enforcement guidance for large-capacity 

clothes washers. This guidance can be 

found on DOE’s Web site at http:// 

www.gc.energy.gov/documents/

LargeCapacityRCW_guidance

_122210.pdf. 

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21880 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 

II. LG’s Petition for Waiver: Assertions 

and Determinations 

On January 19, 2011, LG submitted 

the instant petition for waiver and 

application for interim waiver (petition) 

from the test procedure applicable to 

automatic and semi-automatic clothes 

washers set forth in 10 CFR part 430, 

subpart B, appendix J1. This petition 

expands the model list set forth in LG’s 

initial petition CW–016, for which DOE 

granted a waiver on March 1, 2011. 76 

FR 11233. LG requested a waiver to test 

its residential clothes washers with 

basket volumes greater than 3.8 cubic 

feet on the basis of the test procedures 

contained in 10 CFR part 430, Subpart 

B, Appendix J1, with a revised Table 5.1 

which extends the range of container 

volumes beyond 3.8 cubic feet. LG’s 

instant petition and DOE’s grant of 

interim waiver were also published in 

the Federal Register on March 1, 2011. 

76 FR 11440. DOE received no 

comments on the LG petition. 

LG’s petition seeks a waiver from the 

DOE test procedure because the mass of 

the test load used in the procedure, 

which is based on the basket volume of 

the test unit, is currently not defined for 

basket sizes greater than 3.8 cubic feet. 

LG manufactures basic models with 

capacities greater than 3.8 cubic feet, 

and it is for these basic models that LG 

seeks a waiver from DOE’s test 

procedure. In addition, if the current 

maximum test load mass is used to test 

these products, the tested energy use 

would be less than the actual energy 

usage, and could evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 

Table 5.1 of Appendix J1 defines the 

test load sizes used in the test procedure 

as linear functions of the basket volume. 

LG requests that DOE grant a waiver for 

testing and rating based on a revised 

Table 5.1, the same table as set forth in 

the waiver granted to LG on March 1, 

2011. 76 FR 11233. The table is 

identical to the Table 5.1 found in 

DOE’s clothes washer test procedure 

Notice of Proposed Rulemaking (NOPR). 

75 FR 57556 (September 21, 1010). 

As DOE has stated in the past, it is in 

the public interest to have similar 

products tested and rated for energy 

consumption on a comparable basis. 

Previously, DOE granted a test 

procedure waiver to Whirlpool for three 

of Whirlpool’s clothes washer models 

with container capacities greater than 

3.8 cubic feet. 75 FR 69653 (November 

15, 2010). This notice contained an 

alternate test procedure, which 

extended the linear relationship 

between maximum test load size and 

clothes washer container volume in 

Table 5.1 to include a maximum test 

load size of 15.4 pounds (lbs) for clothes 

washer container volumes of 3.8 to 3.9 

cubic feet. On December 10, 2010, DOE 

granted a similar waiver to General 

Electric Company (GE), which used the 

same alternate test procedure. 75 FR 

76968. DOE has also granted waivers to 

Electrolux (76 FR 11440 (March 2, 

2011)) and Samsung (76 FR 13169 

(March 10, 2011)). All decisions and 

orders for this type of product use the 

Table 5.1 values presented in DOE’s 

NOPR. 

III. Consultations With Other Agencies 

DOE consulted with the Federal Trade 

Commission (FTC) staff concerning the 

LG petition for waiver. The FTC staff 

did not have any objections to granting 

a waiver to LG. 

IV. Conclusion 

After careful consideration of all the 

material that was submitted by LG, the 

waivers granted to Whirlpool, GE, 

Samsung and Electrolux, as well as 

previously to LG, the clothes washer test 

procedure rulemaking, and consultation 

with the FTC staff, it is ordered that: 

(1) The petition for waiver submitted 

by the LG Electronics U.S.A., Inc. (Case 

No. CW–018) is hereby granted as set 

forth in the paragraphs below. 

(2) LG shall not be required to test or 

rate the following LG models on the 

basis of the current test procedure 

contained in 10 CFR part 430, subpart 

B, appendix J1. Instead, it shall be 

required to test and rate such products 

according to the alternate test procedure 

as set forth in paragraph (3) below. 

Model Brand 

WM3360H* * * ........................... LG. 

WM3550H* * * ........................... LG. 

WM3150H** ................................ LG. 

WM3975H* * * ........................... LG. 

WM3985H* * * ........................... LG. 

WT4901C* .................................. LG. 

2947#00# .................................... Kenmore. 

(3) LG shall be required to test the 

products listed in paragraph (2) above 

according to the test procedures for 

clothes washers prescribed by DOE at 10 

CFR part 430, appendix J1, except that, 

for the LG products listed in paragraph 

(2) only, the expanded Table 5.1 below 

shall be substituted for Table 5.1 of 

appendix J1. 

TABLE 5.1—TEST LOAD SIZES

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

0–0.8 ............................ 0–22.7 3.00 1.36 3.00 1.36 3.00 1.36 

0.80–0.90 ..................... 22.7–25.5 3.00 1.36 3.50 1.59 3.25 1.47 

0.90–1.00 ..................... 25.5–28.3 3.00 1.36 3.90 1.77 3.45 1.56 

1.00–1.10 ..................... 28.3–31.1 3.00 1.36 4.30 1.95 3.65 1.66 

1.10–1.20 ..................... 31.1–34.0 3.00 1.36 4.70 2.13 3.85 1.75 

1.20–1.30 ..................... 34.0–36.8 3.00 1.36 5.10 2.31 4.05 1.84 

1.30–1.40 ..................... 36.8–39.6 3.00 1.36 5.50 2.49 4.25 1.93 

1.40–1.50 ..................... 39.6–42.5 3.00 1.36 5.90 2.68 4.45 2.02 

1.50–1.60 ..................... 42.5–45.3 3.00 1.36 6.40 2.90 4.70 2.13 

1.60–1.70 ..................... 45.3–48.1 3.00 1.36 6.80 3.08 4.90 2.22 

1.70–1.80 ..................... 48.1–51.0 3.00 1.36 7.20 3.27 5.10 2.31 

1.80–1.90 ..................... 51.0–53.8 3.00 1.36 7.60 3.45 5.30 2.40 

1.90–2.00 ..................... 53.8–56.6 3.00 1.36 8.00 3.63 5.50 2.49 

2.00–2.10 ..................... 56.6–59.5 3.00 1.36 8.40 3.81 5.70 2.59 

2.10–2.20 ..................... 59.5–62.3 3.00 1.36 8.80 3.99 5.90 2.68 

2.20–2.30 ..................... 62.3–65.1 3.00 1.36 9.20 4.17 6.10 2.77 

2.30–2.40 ..................... 65.1–68.0 3.00 1.36 9.60 4.35 6.30 2.86 

2.40–2.50 ..................... 68.0–70.8 3.00 1.36 10.00 4.54 6.50 2.95 

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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Notices 21881 

TABLE 5.1—TEST LOAD SIZES—Continued 

Container volume Minimum load Maximum load Average load 

cu. ft. liter 

lb kg lb kg lb kg 

≥ < ≥ < 

2.50–2.60 ..................... 70.8–73.6 3.00 1.36 10.50 4.76 6.75 3.06 

2.60–2.70 ..................... 73.6–76.5 3.00 1.36 10.90 4.94 6.95 3.15 

2.70–2.80 ..................... 76.5–79.3 3.00 1.36 11.30 5.13 7.15 3.24 

2.80–2.90 ..................... 79.3–82.1 3.00 1.36 11.70 5.31 7.35 3.33 

2.90–3.00 ..................... 82.1–85.0 3.00 1.36 12.10 5.49 7.55 3.42 

3.00–3.10 ..................... 85.0–87.8 3.00 1.36 12.50 5.67 7.75 3.52 

3.10–3.20 ..................... 87.8–90.6 3.00 1.36 12.90 5.85 7.95 3.61 

3.20–3.30 ..................... 90.6–93.4 3.00 1.36 13.30 6.03 8.15 3.70 

3.30–3.40 ..................... 93.4–96.3 3.00 1.36 13.70 6.21 8.35 3.79 

3.40–3.50 ..................... 96.3–99.1 3.00 1.36 14.10 6.40 8.55 3.88 

3.50–3.60 ..................... 99.1–101.9 3.00 1.36 14.60 6.62 8.80 3.99 

3.60–3.70 ..................... 101.9–104.8 3.00 1.36 15.00 6.80 9.00 4.08 

3.70–3.80 ..................... 104.8–107.6 3.00 1.36 15.40 6.99 9.20 4.17 

3.80–3.90 ..................... 107.6–110.4 3.00 1.36 15.80 7.16 9.40 4.26 

3.90–4.00 ..................... 110.4–113.3 3.00 1.36 16.20 7.34 9.60 4.35 

4.00–4.10 ..................... 113.3–116.1 3.00 1.36 16.60 7.53 9.80 4.45 

4.10–4.20 ..................... 116.1–118.9 3.00 1.36 17.00 7.72 10.00 4.54 

4.20–4.30 ..................... 118.9–121.8 3.00 1.36 17.40 7.90 10.20 4.63 

4.30–4.40 ..................... 121.8–124.6 3.00 1.36 17.80 8.09 10.40 4.72 

4.40–4.50 ..................... 124.6–127.4 3.00 1.36 18.20 8.27 10.60 4.82 

4.50–4.60 ..................... 127.4–130.3 3.00 1.36 18.70 8.46 10.80 4.91 

4.60–4.70 ..................... 130.3–133.1 3.00 1.36 19.10 8.65 11.00 5.00 

4.70–4.80 ..................... 133.1–135.9 3.00 1.36 19.50 8.83 11.20 5.10 

4.80–4.90 ..................... 135.9–138.8 3.00 1.36 19.90 9.02 11.40 5.19 

4.90–5.00 ..................... 138.8–141.6 3.00 1.36 20.30 9.20 11.60 5.28 

5.00–5.10 ..................... 141.6–144.4 3.00 1.36 20.70 9.39 11.90 5.38 

5.10–5.20 ..................... 144.4–147.2 3.00 1.36 21.10 9.58 12.10 5.47 

5.20–5.30 ..................... 147.2–150.1 3.00 1.36 21.50 9.76 12.30 5.56 

5.30–5.40 ..................... 150.1–152.9 3.00 1.36 21.90 9.95 12.50 5.65 

5.40–5.50 ..................... 152.9–155.7 3.00 1.36 22.30 10.13 12.70 5.75 

5.50–5.60 ..................... 155.7–158.6 3.00 1.36 22.80 10.32 12.90 5.84 

5.60–5.70 ..................... 158.6–161.4 3.00 1.36 23.20 10.51 13.10 5.93 

5.70–5.80 ..................... 161.4–164.2 3.00 1.36 23.60 10.69 13.30 6.03 

5.80–5.90 ..................... 164.2–167.1 3.00 1.36 24.00 10.88 13.50 6.12 

5.90–6.00 ..................... 167.1–169.9 3.00 1.36 24.40 11.06 13.70 6.21 

NOTES: (1) All test load weights are bone dry weights. 

(2) Allowable tolerance on the test load weights are ±0.10 lbs (0.05 kg). 

(4) Representations. LG may make 

representations about the energy use of 

its clothes washer products for 

compliance, marketing, or other 

purposes only to the extent that such 

products have been tested in accordance 

with the provisions outlined above and 

such representations fairly disclose the 

results of such testing. 

(5) This waiver shall remain in effect 

consistent with the provisions of 10 CFR 

430.27(m). 

(6) This waiver is issued on the 

condition that the statements, 

representations, and documentary 

materials provided by the petitioner are 

valid. DOE may revoke or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

waiver is incorrect, or the results from 

the alternate test procedure are 

unrepresentative of the basic models’ 

true energy consumption characteristics. 

(7) This waiver applies only to those 

basic models set out in LG’s petition for 

waiver. Grant of this waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR 430.62. 

Issued in Washington, DC, on April 12, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–9474 Filed 4–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CW–019] 

Energy Conservation Program for 

Consumer Products: Notice of Petition 

for Waiver of Samsung Electronics 

America, Inc. From the Department of 

Energy Residential Clothes Washer 

Test Procedure, and Grant of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver and 

application for interim waiver, notice of 

grant of interim waiver, and request for 

comments. 

SUMMARY: This notice announces receipt 

of and publishes the Samsung 

Electronics America, Inc. (Samsung) 

petition for waiver and application for 

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